2020-003 - Landfill Expansion Permit StatusDate: January 10, 2020 Report No. 2020-003
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
City of Denton Landfill Expansion Permit Status Update
BACKGROUND:
The City of Denton originally permitted a landfill at a site near 1527 S. Mayhill Rd. in 1984 to
manage waste generated in and around the City of Denton. This site originally operated under
State Permit 1590. The facility began accepting waste on March 13, 1985. The original pre-
subtitle D landfill design included approximately 2.4 million cubic yards of air space and was
estimated to have a life of 28 years.
In 1996, the City of Denton amended the landfill’s waste permit to include additional space for
disposal of waste. The Texas Natural Resources Conservation Commission approved MSW
Permit #1590-A in 1997, which added 207 acres onto the permit limit, expanding the landfill to
approximately 243 acres. The Landfill has continued operations under this permit since that time.
As early as 2006, the City of Denton entered into contracts with engineering firms RW Beck and
CP&Y to evaluate the feasibility of expanding the existing permit and completing services in
anticipation of that effort. In April 2016 by ordinance 2016-100, the City awarded and
subsequently amended contracts to Parkhill Smith & Cooper for professional and engineering
services in the preparation, development, and submittal of the permit application to the Texas
Commission on Environmental Quality (TCEQ) required to secure a permit amendment for the
City of Denton’s municipal solid waste facility for MSW Permit 1590B.
An application for permit modification was submitted to the TCEQ in February 2017 to expand
the footprint of the existing permit #1590A to include approximately 104 acres immediately
north of the existing facility, providing an estimated 60 years of additional capacity at the
facility, and inclusive of a source separated organics composting facility, a citizen’s collection
area, and other, various waste processing operations at the facility. The City of Denton and its
contracted engineering and legal consultants have worked closely with the TCEQ over the past 3
years to ensure that the submitted application has complied with the administrative rules of the
State of Texas and that its design and operations will meet the highest standard of engineering,
operation, and environmental protection. Throughout this time, the City has published notice, as
required by law, and responded to questions, as well as presented information to interested
groups, committees, and the City Council related to the application, the proposed operations, and
generalized waste management concepts. To date, in excess of $10 million has been spent to
support property acquisitions, studies and professional services, education, and outreach
associated with the proposed permit amendment.
Date: January 10, 2020 Report No. 2020-003
On December 2, 2019, the City of Denton received notice from the TCEQ Chief Clerk’s Office
stating the Executive Director had completed the technical review of the City’s application for
landfill expansion and has prepared a preliminary decision and a draft permit. The City was then
required to publish notice of this proposed activity within a prescriptive timeline set by the state.
On December 18, 2019, Notice of Application and Preliminary Decision for Municipal Solid
Waste Permit Amendment for Proposed Permit No 1590B was published in the Denton Record
Chronicle and Al Dia (the local Spanish language newspaper). Interested and affected parties
may submit comments to the TCEQ. The comment period will run until January 17, 2020.
Following receipt of comments and requests, the TCEQ will decide to either grant the permit,
hold a public meeting, or submit the case for a hearing.
Should a permit amendment be awarded, the City of Denton Department of Solid Waste and
Recycling will work with the City Council to obtain a Special Use Permit (SUP) to define
operation hours, landfill height, screening and landscaping, and other locally controlled site
operation parameters.
STAFF CONTACT:
Brian Boerner
Director of Solid Waste
(940) 349-8001
Brian.boerner@cityofdenton.com
REQUESTOR:
Staff initiated
PARTICIPATING DEPARTMENTS:
Solid Waste and Recycling
STAFF TIME TO COMPLETE REPORT:
3 hours
City of Denton Landfill
EXPANSION PERMIT STATUS AND UPDATE
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Background:
•Current Landfill Challenges:
◦Approximately 17 Years of Capacity (at current disposal rates)
◦Anticipated Annual Population Growth
◦~4% in the City of Denton
◦~2.6% across North Texas
•Expansion/Permit modification process:
◦It has been lengthy (2-3 years)
◦Highly regulated
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February 2017
•Application for permit modification to Texas Commission
on Environmental Quality (TCEQ).
•Expand waste footprint by approximately 104 acres
◦40,288,920 cubic yards (maximum)
◦Provide a projected 60 years of capacity
•Permit includes previously permitted areas and activities
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Existing
Expansion
November 2019
•Nov. 19 –TCEQ Executive Director Ruling
◦Administrative and Technically Complete
◦Draft Permit Issued
Nov. 26 –TCEQ Chief Clerk directs Public Notice Process
◦Process requires notification in newspaper of record
◦Residents may:
◦Submit Public Comment
◦Request Public Hearing
◦Request a Contested Case Hearing (Affected Parties only)
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Public Notice
•Dec. 18, 2019 –Notice Published (State language)
◦Denton Record Chronicle
◦Al Dia (Spanish Language)
•Additional (Non-Required) Communications:
◦Citizen Connection Article
◦Notice Information at Denton Public Library
◦Notice Information and FAQ on Website
◦Social Media Notification
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Next Steps
•January 17, 2020 –Comment Period Ends
•TCEQ considers comments and prepares a response
•Determination is made:
◦Final consideration;
◦Public Hearing; OR
◦Contested case hearing
•If permit is awarded, a SUP Application will be submitted to
the City of Denton to manage landfill height and other
operational parameters (hours, landscaping, etc.)
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Questions?
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